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KAPCHE v. CITY OF SAN ANTONIO

No. 98-50345.

176 F.3d 840 (1999)

Jeff KAPCHE, Plaintiff-Appellant, v. CITY OF SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 20, 1999.

Attorney(s) appearing for the Case

John Wallace Griffin, Jr., Cynthia T. Sheppard, Drew B. Tipton, Houston, Marek and Griffin, Victoria, TX, for Plaintiff-Appellant.

Paula R. Dlugosz, Michael P. Hodge, San Antonio, TX, for Defendant-Appellee.

Curtis Lee Cukjati, Cacheaux, Cavazos, Newton, Martin & Cukjati, San Antonio, TX, Paula Ann Brantner, San Francisco, CA, for The National Employment Lawyers Association, Amicus Curiae.

Michael Greene, Rosenthal & Greene, Portland, OR, for The American Diabetes Association, Amicus Curiae.

Before JOLLY, WIENER and PARKER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Jeff Kapche appeals the district court's grant of summary judgment dismissing his employment discrimination claims against the City of San Antonio on the ground that, under Fifth Circuit precedent, a driver with insulin-dependent diabetes poses a direct threat to the health and safety of others, as a matter of law. In light of changes to the federal regulations on which our precedent was partly based, as well as possible...

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